3.6.
3.7.
This has
the rule of law, based on the British common law system. given everyone in Hong Kong a reasonable degree of certainty in their relations with those in authority and a credible guarantee that their right to life, liberty and the enjoyment of the fruits of their labours will not be arbitrarily withdrawn."
And he continued: -
"Hong Kong is governed now, as it has always been, on the
fundamental principle of the rule of law. It will continue to be the fundamental principle of British administration. Furthermore, its survival after 1997 is set out clearly in the Sino-British Joint Declaration. The main theme of which is the preservation of those areas of legal, social and egonomic organisation that distinguish Hong Kong from China.
Keeping those distinctions intact is very important. Stressing the link between continuity and autonomy, Sir David continued:-
"Continuity means that the administration of Hong Kong should be
carried out in essentially the same way as it has been in the past. It does not mean that there should be no change, indeed change in the structure of the legislature is written in the Joint Declaration itself. But it does mean continuity of the essentials of our way of life and of the way in which we conduct our own affairs
It would be perverse if in the period between 1984 and 1997 we were to compromise that autonomy.
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Another example comes from 1987. In an article headlined 'Judge in Call to Keep Free Press", today's Chief Justice is quoted on the subject of openness and the press:-
"A free press keeps the judiciary in check. It exposes unfairness,
bias, harshness, incompetence, inefficiency or whatever judicial blameworthiness that might be defected."
And he was reported as adding:-
"Hong Kong is lucky in having a government which is sensitive to
the need to plage itself under the law, and to respect as well as obey the law?"
And so the reader should have my bias. As a lawyer brought up on the maxim that justice must not only be done, but must also be seen to be done, I believe that where confidence is the issue, the same maxim has to apply to administration. I believe too that there will be much to be gained in confidence terms for Hong Kong, and for investors in it, if an effort is made to ensure that government acts openly, in ways in which Hong Kong people know and feel are autonomous. I do not doubt
-ཀརམཎཱ ཙ་བན་